Recommendations

How much evidence is enough?

How much evidence is enough?

Preponderance of the evidence requires tipping the scales of justice just over 50%, like 50.01%. Proof by a preponderance of the evidence is required in nearly all negligence cases, accident cases and injury cases even where damages are catastrophic.

What are the 2 types of evidence you can use?

There are two types of evidence — direct and circumstantial. Direct evidence usually is that which speaks for itself: eyewitness accounts, a confession, or a weapon.

Are texts enough to convict?

Generally not. The legal doctrine of corpus delecti generally prevents convictions based solely on people talking about a crime or crimes. There has to be some other evidence tending to prove that the crime actually took place. So texting about drugs is maybe not enough.

How long can a person be held in jail without evidence?

48 hours

What is Level 3 assault?

Assault refers to three levels of physical assaults which include the following categories: Assault level 2 involves carrying, using or threatening to use a weapon against someone or causing someone bodily harm. Assault level 3 involves wounding, maiming, disfiguring or endangering the life of someone.

Is victim’s testimony enough to convict?

In the US, Yes, generally. In the US an accused can, in most cases, be convicted on the testimony of a single witness, who can be the victim. There are a few exceptions.

Is putting your finger in someone’s face assault?

Assault is an act that places a reasonable person in fear of imminent physical harm. Just waiving a finger in someone’s face probably isn’t enough. A common misconception is that assault requires physical contact. It does not.

Can you be charged with assault if there are no witnesses?

If there are no witnesses, the defendant hardly needs to lie as there is no evidence against him … Typically, though, in an assault case the victim has given a statement and is then called as a witness… no other witness testimony or evidence is required (but will be led if available).

Can you go to jail for he say she say?

The single unsubstantiated statement of one person can land an innocent person in prison even if the case does not involve any other evidence, witnesses, injuries or medical proof. We call this type of case a “he said, she said” case. CONTACT ABDO LAW if you or a family member is accused of a sex crime.